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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ7169486
Regular
Sep 21, 2022

RICHARD VATTER vs. COUNTY OF SANTA BARBARA, CORVEL OXNARD, SUBSEQUENT INJURIES BENEFIT TRUSTS FUND

The Workers' Compensation Appeals Board granted the applicant's petition for removal to address an insufficient record concerning a denied change of venue. The original judge denied the venue change from Santa Barbara to Oxnard, despite the Subsequent Injuries Benefits Trust Fund (SIBTF) initially intending to grant it. Subsequently, SIBTF withdrew its objection, but the judge's decision was already issued, preventing consideration of this withdrawal. The Board rescinded the denial orders and returned the case for further proceedings to establish a proper record.

RemovalSubsequent Injuries Benefit Trusts FundChange of VenueWorkers' Compensation Appeals BoardCompromise and ReleasePetition for RemovalOrder Denying Change of VenueAmended OrderNotice of IntentionWithdrawal of Objection
References
5
Case No. ADJ1804234
Regular
May 26, 2009

Patrick MacAULEY vs. COUNTY OF VENTURA, CORVEL OXNARD

The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous award finding the applicant sustained 66% permanent disability. The defendant employer argued the original award relied on an incorrect permanent and stationary date provided by the Agreed Medical Examiner (AME), who later admitted his initial report was in error. The Board agreed that the medical record needed further development due to the AME's admitted error and the resulting inaccurate permanent and stationary date. The case is returned to the trial level for further proceedings, including the defendant's opportunity to challenge the impairment rating under AMA Guidelines and diminished future earning capacity.

Workers' Compensation Appeals BoardPatrick MacAuleyCounty of VenturaCorvel Oxnardcumulative trauma injuryheart and circulatory systemdeputy sheriffpermanent disabilityAgreed Medical Examiner (AME)Dr. Ira Monosson
References
3
Case No. ADJ1988913
Regular
Aug 31, 2009

MATTHEW CLAPSADDLE vs. CITY OF SAN BUENAVENTURA, CORVEL OXNARD

The Workers' Compensation Appeals Board granted reconsideration to further develop the medical record regarding temporary disability for Matthew Clapsaddle. The Board affirmed the finding of industrial injury to the chest, permanent disability, and need for further medical treatment. However, the issues of temporary disability and the permanent and stationary date were deferred for future determination. This decision corrects an apparent lack of substantial evidence supporting the initial temporary disability findings.

Workers' Compensation Appeals BoardMatthew ClapsaddleCity of San BuenaventuraCorvel Oxnardfirefighter/paramediccumulative injurynon-cardiac chest paintemporary disabilitypermanent disabilityqualified medical evaluator
References
2
Case No. ADJ9213321
Regular
Apr 04, 2016

JAMES SEITZ vs. CITY OF OXNARD, COUNTY OF VENTURA

In *Seitz v. City of Oxnard*, the Workers' Compensation Appeals Board granted a defendant's petition for reconsideration of a decision filed September 15, 2016. The Board deemed reconsideration necessary to allow for further study of the factual and legal issues to ensure a just and reasoned decision. Pending the decision after reconsideration, all communications and filings related to the petition must be submitted directly to the Board's Commissioners in San Francisco, not to the district office or via EAMS. Any other trial-level documents not related to the petition should continue to be filed normally, but parties filing proposed settlements should notify the Board as a WCJ cannot act on them during reconsideration.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONGRANTING RECONSIDERATIONSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISIONOFFICE OF THE COMMISSIONERSELECTRONIC ADJUDICATION MANAGEMENT SYSTEMEAMSDISTRICT OFFICE
References
0
Case No. ADJ9762825
Regular
Feb 29, 2016

MARIA OLGA BARAJAS vs. BARRETT BUSINESS SERVICES, CORVEL

This case involves Maria Olga Barajas's workers' compensation claim against Barrett Business Services and Corvel. The applicant was injured on July 20, 2014, and her attempts to change her treating physician within the employer's Medical Provider Network (MPN) were unsuccessful. The Workers' Compensation Appeals Board denied the defendants' Petition for Reconsideration, upholding the original award. This award allowed the applicant to seek treatment outside the MPN at the defendants' expense due to the failure to facilitate a timely change of physician.

Medical Provider NetworkMPNPetition for ReconsiderationFindings and Awardremovalchange of treating physicianinterim orderLabor Code § 4616.3(b)Title 8Regulations
References
2
Case No. ADJ1259001
Regular
Apr 08, 2014

Patricia Scharli vs. County of Santa Barbara, Corvel Corporation

The Workers' Compensation Appeals Board (WCAB) denied Patricia Scharli's Petition for Removal. The denial was based on the administrative law judge's report, which concluded that moving a mandatory settlement conference from Santa Barbara to Oxnard due to space limitations at the new Santa Barbara office was a mere inconvenience, not significant prejudice. The WCAB has statutory authority to determine hearing locations based on budgetary and space constraints, and can calendar hearings at different offices even without formally changing venue. The WCAB encourages the use of CourtCall for attorneys to mitigate travel difficulties for applicants.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeVenueCalendaring AuthorityMedical Treatment Lien ConferenceCourtCallMandatory Settlement ConferenceExpedited Hearings
References
1
Case No. ADJ9343873
Regular
Aug 28, 2015

RUTH GARCIA vs. OXNARD SCHOOL DISTRICT, YORK RISK SERVICES

Defendant Oxnard School District sought reconsideration of a workers' compensation award, claiming a calculation error resulted in an overstated total permanent disability sum. The Board denied reconsideration, holding that the defendant's petition failed to establish grounds for rescinding the stipulation based on unilateral mistake. The defendant's failure to prove the applicant knew of or took advantage of the mistake, coupled with their own neglect in verifying the contract's contents, led to the denial. The Board emphasized that stipulations are binding unless good cause is shown to withdraw from them.

Workers Compensation Appeals BoardStipulations with Request for AwardReconsiderationPermanent DisabilityCalculation ErrorUnilateral MistakeLabor Code Section 4658(d)Affirmative DefenseNeglect of Legal DutyPro Per
References
5
Case No. ADJ9342987, ADJ9342988
Regular
Apr 21, 2014

DEBBIE MORRISON vs. COUNTY OF SANTA BARBARA/PUBLIC HEALTH DEPARTMENT, CORVEL

This case involves an applicant's petition for removal, seeking a change of venue to a Santa Barbara office. The Workers' Compensation Appeals Board (WCAB) denied the petition, affirming the WCJ's report. The WCAB explained that the Division of Workers' Compensation (DWC) dictates office locations based on budgetary constraints and can calendar hearings at different offices due to limited resources. The applicant may petition for a change of venue to Oxnard.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationVenueSatellite FacilityIrreparable HarmAdministrative Law JudgeLabor Code § 138.2(b)Labor Code § 5501.5Goleta District Office
References
1
Case No. ADJ8150668
Regular
Aug 21, 2014

STEVEN JUDD vs. CITY OF DESERT HOT SPRINGS, CORVEL CORVEL CORPORATIONS

This case concerns Steven Judd's workers' compensation claim for kidney cancer. The Appeals Board affirmed the finding that Judd sustained an industrial injury as a peace officer, granting him the presumption of compensability under Labor Code section 3212.1. The Board found the cancer developed during his employment, satisfying the statute's requirements even though it manifested later. The defendant failed to rebut the presumption by proving no reasonable link between the carcinogens Judd was exposed to and his cancer.

Labor Code section 3212.1peace officerkidney cancercumulative traumapresumptioncarcinogenlatency periodmanifestationdevelopmentAgreed Medical Evaluator (AME)
References
13
Case No. ADJ2124401
Regular
Apr 09, 2014

THOMAS ENGLE vs. COPY RIGHT PRINTING SYSTEMS, STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal regarding a change of hearing location from Santa Barbara to Oxnard. The Board reasoned that the Division of Workers' Compensation has budgetary constraints and the inherent power to manage its calendars, including changing hearing locations due to space limitations at the Santa Barbara satellite office. The Board noted that CourtCall and other options exist for participants who have difficulty traveling to Oxnard.

RemovalPetition for RemovalWorkers' Compensation Appeals BoardWCABDivision of Workers' CompensationDWCVenueDistrict OfficeSatellite OfficeCourtCall
References
1
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